The amount of compensation for racial discrimination will depend on several factors, such as where the incident occurred and how it impacted you.
Racial discrimination is a serious matter, and it can occur in the workplace or in other areas, such as in education or health settings.
Race is a protected characteristic as outlined in the Equality Act 2010, which means that under the law, any discrimination because of race (or any other protected characteristic) is automatically unlawful.
How Is Compensation For Racial Discrimination Calculated
Compensation for racial discrimination is calculated based on several factors. To figure out what you are entitled to, you need to consider where it occurred – if it’s in the workplace, you have the option of an employment tribunal.
A tribunal can order your employer to pay you compensation based on several aspects, including:
- Any financial loss because of the discrimination, this might be if you’ve lost your job and will cover the period between then and when you start a new job/role
- Any distress or injury to feelings suffered because of the discrimination
- Personal injury, whether physical or things such as depression, caused by the discrimination
- Any ‘aggravated damages’, which is classed as particularly bad behaviour
It might also be that you have other claims in tandem with discrimination such as claims for unpaid wages, unpaid holiday pay, failure by your employer to follow flexible working procedures, owed notice pay, redundancy pay, and basic compensation award for unfair dismissal.
When all of these aspects of your compensation claim are combined, it’ll be included in a ‘settlement agreement’. As preparation, you should write a list of the amounts that you’re claiming and what you’re claiming for – this is often known as a ‘schedule of loss’.
It might also help your case with your employer if you’re approaching them with a list and a figure for compensation and could result in them reaching a settlement before you need to go to a tribunal.
How Much Compensation Will I Receive For Racial Discrimination?
The honest answer? It depends.
Settlement agreements are comprised of multiple different aspects and no two are ever the same because of your individual circumstances and the situation around the racial discrimination you’ve been subjected to.
It’s also not just discrimination that you can claim compensation for either. Because harassment and victimisation are also included under racial discrimination and the protection against it under employment law.
What Are The Most Important Factors In Determining Racial Discrimination Compensation?
One of the most important factors is what happened and HOW it affected you – if the outcome was you losing your job or feeling that you’ve been subject to constructive dismissal, the case takes on a whole new level of severity.
The law also recognises that anyone who discriminates against someone else at work is responsible for their own actions. That means if a specific person, whether that’s a manager, another employee, or anyone else at work has racially discriminated against you, they’re ultimately responsible for what has happened.
Because they must do everything to protect their staff, workers, and applicants from discrimination, they might not have taken enough precautions to avoid the situation occurring.
Another part of discrimination law means that employers have a duty of care to look after the wellbeing of their employees. So, if you feel that they haven’t done so, it could lead to a breach of contract and in some cases, may lead to a constructive dismissal case.
Racial Discrimination Solicitors Near Me
At Solicitors Near Me, we understand that racial discrimination is a difficult and sensitive issue and knowing where you stand from a legal perspective can be difficult.
Our expert racial discrimination solicitors can help advise you throughout the process to achieve a positive outcome for you.
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Yep, there’s no obligation to proceed with the solicitor we connect you with and until you choose to go ahead with a solicitor, everything is completely FREE.